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New Jersey requires you to be over the age of 18 before you can write and execute a will. It is also important to note that the person executing the will must be legally competent to make this type of decision. In general, this means they must know: What a will does and the purpose of executing one; and.
Nj.com's recent article entitled ?Do I need to change my will if it's about 10 years old?? explains that there's no expiration date on a will. However, as your family and financial situations change, let alone as laws change, wills may need to be updated to reflect these changes and better reflect your intent.
The probate proceeding must be filed in the county where the decedent resided at the time of death. Check the Will to be sure that it is the original Will, not a conformed or plain copy. Only an original Will may be entered into probate by the Surrogate's Court.
The lawyer or notary public has been authorized by law to keep wills, contracts, and other legal documents for safekeeping. You should also keep a copy for yourself.
Only an original Will may be entered into probate by the Surrogate's Court. Determine who the named executor is in the Will and whether he/she/they will qualify. Check to see if the Will is ?self-proved? (N.J.S.A. 3B:3-4).
New Jersey probate law allows for a lost will to be probated under limited circumstances. New Jersey law presumes that if an original will cannot be found, then the testator intended to destroy and revoke the will. See How Do You Revoke a Will In New Jersey to learn more.
The fee for retrieval of a Will Registry Form is $10.00. To promote privacy, only "interested persons" as defined in N.J.S.A. 3. B:3-2.1(d), or their representatives, may search the Will Registry and only executors or fiduciaries will be given the location of the will.
Wills are not made public or filed until death. Trusts generally are not filed with the County Surrogate or the courts following the death of the trust maker.